Jeff Kolkey writes about issues, trends and public safety in Rockford and Winnebago County.

Murder suspect Kody Walsh's right to act as own lawyer at risk?

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By Jeff Kolkey

Jeff Kolkey writes about issues and trends in Rockford and Winnebago County. He also covers major breaking crime and fire news, notable criminal trials and the trends beyond the headlines that shape the region. A graduate of Northern Illinois
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Jeff Kolkey writes about issues and trends in Rockford and Winnebago County. He also covers major breaking crime and fire news, notable criminal trials and the trends beyond the headlines that shape the region. A graduate of Northern Illinois University, Kolkey lives in Rockford with his family. He has covered education, the city of Rockford and other beats for the Rockford Register Star since October 2005.

State police investigators work the scene of a vehicle crash at the Rockford Township Highway Department on Sunday, Sept. 9, 2012, in Rockford. The vehicle was involved in an early morning police chase following a fatal shooting.

As murder suspect Kody R. Walsh lost a motion last week asking to have his trial judge replaced, he may have inadvertently risked losing the right to represent himself.

Walsh says he wants to represent himself at his trial scheduled to begin next week. He tried and failed to have Judge John Truitt replaced with a new trial judge.

But what Walsh wrote as he made the request gave Truitt second thoughts about allowing Walsh to continue representing himself without a lawyer.

"I now have some concern as to whether the defendant should be allowed to proceed pro se given his allegations in paragraph 11 in which he represents that he lacks knowledge concerning the law and courtroom procedures and (is) unable to properly defend himself," Truitt wrote. "The issue as to whether the defendant should be allowed to proceed pro se should be addressed by the court."

Daniels and Walsh were passengers in the vehicle of a mutual acquaintance traveling on I-90 near South Beloit when Daniels was shot and killed, authorities say.

Walsh is also accused of opening fire upon pursuing police officers, the attempted murder of a witness to the homicide and fleeing for a week before his capture in Tennessee after a dangerous chase.

Walsh has pleaded not guilty to all charges.

Walsh was represented by public defender Nick Zimmerman. A couple weeks before his trial was scheduled to begin in October, Walsh insisted on taking over his own murder defense despite never having worked on a legal case.

Although Truitt has said in court that he continues to believe Walsh is delaying an inevitable trial, the judge has made accommodations to allow Walsh the chance to represent himself in court in accordance with the Sixth Amendment to the U.S. Constitution.

Truitt said in open court that he did not want to reschedule the trial. But because Walsh needed time to prepare, Truitt accommodated him with a delay until December.

Arrangements were made to have documents copied onto computer disks for Walsh to use in his defense. Information that was not part of discovery was handed over when Truitt made a special effort to have Walsh's former lawyer called to the courtroom. And Truitt has set time aside at the end of his court calls for Walsh – seemingly more so than he would typically for a professional lawyer.

There have also been arrangements made with the jail and the state's attorney's office to allow the review of evidence.

Despite those efforts, Walsh sought to have Truitt replaced in a seven-page handwritten motion asking Chief Judge Joseph McGraw for a new trial judge.

Saying he is faced with three assistant state's attorneys at virtually every court appearance, Walsh complained that Truitt declined to appoint him assistant or "stand-by counsel." Walsh also made claims that Truitt grandstands for the media during hearings, that Truitt has shown impatience with Walsh and that his family was mistreated by court personnel.

Walsh said he needed help because of his "lack of knowledge concerning the law and courtroom procedures and inability to properly defend myself and prepare for trial due to me the defendant currently being incarcerated."

McGraw rejected Walsh's motion, explaining to Walsh that Truitt was likely trying to discourage him from representing himself at trial because mounting an adequate defense at a murder trial requires education, training and experience.

McGraw pointed out that Walsh has none of the prerequisites. Walsh told McGraw that he has never tried a court case.

Walsh was expected to argue for a change of venue because of excessive media coverage this morning in court. But given Walsh's written statements about lacking legal knowledge and Truitt's written comments about the concerns they raise, Walsh's ability to continue representing himself appears to be at risk.

UPDATE: Walsh on Tuesday asked Truitt to appoint a lawyer to represent him, delaying his scheduled trial for a second time.